Whether the respondents and the landlords of a stadium used for motorcar racing were both liable for nuisance

Lord Neuberger of the Supreme Court handed down a majority judgment in the matter ofCoventry and others (Respondents) v Lawrence and another (Appellants) (No 2), [2014] UKSC 46 on 23rd July 2014.

This case related to an earlier Supreme Court decision, Lawrence (Katherine) & another v Fen Tigers Ltd & others, [2014] UKSC 13, which ruled that the respondents who used a stadium for motorcar and motorbike racing were liable for nuisance against the appellants who owned and occupied property (Fenland) close to the stadium.

The Appellants brought proceedings against the landlords of the stadium and also a predecessor landlord. The Supreme Court ruled to reverse the Court of Appeal decision in order to restore the trial judge's orders, which included a provision dismissing the claims against the landlords. The order also granted an injunction against the respondents to reduce the level of noise arising from the stadium and ordering them to pay 60% of the appellants' costs. Permission was also given to parties to apply to vary the terms of the injunction.

However, by the time of trial Fenland was damaged by a fire and left unoccupied. The effect of this Supreme Court decision was to restore the orders for an injunction, damages and an order for costs. Four further issues then arose: whether the injunction should be lifted until Fenland was rebuilt; when the parties should apply to the judge to vary the terms of the injunction; whether the respondents' landlords were also liable in nuisance; and whether the order for costs was contrary to the respondents' European Convention of Human Rights article 6 rights.

The Supreme Court held that the injunction imposed ought to be lifted until Fenland was once again occupied. Any party had permission to apply to vary or discharge the injunction at any time. The claim in nuisance against the landlords was dismissed as they had not permitted nor participated in the nuisance and finally the respondents' argument that the order for costs infringes the respondents' rights under Article 6 of the ECHR was adjourned for a further hearing.

database/2017-12-14T02:46:24.8245838Z/10564909

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